Ex parte PATZELT et al. - Page 2




                 Appeal No. 95-4379                                                                                                                     
                 Application 08/116,753                                                                                                                 




                          Appellants' invention pertains to an air bag for a                                                                            
                 vehicle occupant restraint system.  Independent claim 2, a                                                                             
                 copy of which is appended to appellants' brief, is                                                                                     
                 illustrative of the appealed subject matter.2                                                                                          
                          The references of record relied upon by the examiner in                                                                       
                 support of a rejection under 35 U.S.C. § 103 are:                                                                                      
                 Takada                                                4,966,389                           Oct. 30, 1990                                
                 Kami et al. (Kami)                                    5,114,180                           May 19, 1992                                 
                 Matsumoto et al. (Matsumoto)                                   5,215,795                           Jun. 1,                             
                 1993                                                                                                                                   
                          Claims 2-5 stand rejected under 35 U.S.C. § 103 as being                                                                      
                 unpatentable over Matsumoto in view of Takada and further in                                                                           
                 view of Kami.                                                                                                                          
                          Like appellants' invention, Matsumoto, the examiner’s                                                                         


                          2We observe that the warp and weft orientation                                                                                
                 limitation called for in the last paragraph of claim 2 is not                                                                          
                 illustrated in appellants' drawings, as required by 37 CFR §                                                                           
                 1.83(a).  We further observe that appellants' Figure 2                                                                                 
                 attempts to illustrate two alternative embodiments of the                                                                              
                 claimed invention (namely, the “crescent-shaped section”                                                                               
                 embodiment of claim 3 and the “kidney-shaped section”                                                                                  
                 embodiment of claim 4) in apparent violation of 37 CFR §                                                                               
                 1.84(h)(5).  Upon return of the application to the examiner,                                                                           
                 correction of these drawing informalities would be                                                                                     
                 appropriate.                                                                                                                           
                                                                         -2-                                                                            





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